Terms of use

Ownership

This website (“Website”) is established and owned by GIGA-BYTE Technology Co., Ltd. (“GIGABYTE”) for the purpose of providing certain information and services.

Agreement to Terms Of Use

By using the Website, you (“user”) agree to these Terms of Use. For users who are below 16 years old, a legal guardian must present while using this website. If you or your legal guardians do not agree with any of these terms, please immediately refrain from using the information or services on the GIGABYTE Website.

Copyright and Other IP

All information and services (including but not limited to written text, applications, software, music, sounds, images, photos, animations, website format, website arrangements and any other types of information) provided on this Website belong to GIGABYTE and its right-owners and are protected under relevant ownership, copyright, trademark, patent or other laws. Any person or entity are prohibited to reproduce, distribute, adapt, edit, broadcast publicly, transmit publicly, transfer, lease, sell, or illegal use any prior mentioned information without obtaining a written authorization from GIGABYTE. In the event that an infringement of an intellectual property right is done by a user, the user shall undertake all legal liabilities and GIGABYTE reserves the right to pursue further legal action(s) against such infringement.

Software License Terms

Any downloads and/or installations of software provided through the GIGABYTE Website are subject to and restricted by the license agreement of the software itself. Do not download, install or use the software if you do not agree with any statements, restrictions or terms and conditions in the license agreement. Do not reproduce the software to other servers or media formats. All modifications, reverse engineering, de-compiling, or disassembling on the software, as well as removal or alteration of trademark(s), logo(s) or attention notes connected with the software are strictly prohibited.

Your Use of The Website

Any users who would like to browse or use any services and information provided by the GIGABYTE Website should comply with applicable laws and regulations, and shall not conduct the following actions:
(1) Instigate or participate in any illegal behavior(s) or activities by using the services and information provided by the GIGABYTE website.
(2) Interfere with or interrupt any GIGABYTE website services or server connections.
(3) Create links to the GIGABYTE website for profit or the resale of GIGABYTE internet services.
(4) Post, transmit, or distribute any misleading or deceptive advertisements or promotional information in respect of the GIGABYTE Website.
(5) Transmit any information with the potential to infringe the legal rights of other parties.
(6) Transmit any illegal information, instigate illegal activities, or aid or abet in the illegal activities of other parties.
(7) Transmit the information that is illegal under applicable domestic or international laws.
(8) Utilize the GIGABYTE Website to transmit any information (including but not limited to text, messages, images, files, links, software or any formats of information) that is malice, impropriety, breach of law, threatening, interference, aspersions, vulgarity, obscenity, inciting hatred or any forms of adverse communication.
GIGABYTE reserves the right to delete any words, material or content contained within the GIGABYTE Website which GIGABYTE considers is improper or inappropriate.

You shall comply with these Terms of Use and all applicable laws and regulations. GIGABYTE reserves the right to verify the validity of your qualification at any time during or after any Website Event, and reserves the right to disqualify you from any Website Event including your prize qualification if your conduct constitutes any misconduct for tampering or suspicion of tampering with Website Event. GIGABYTE’s failure to enforce any of its rights hereof does not constitute a waiver of those rights.

Personal Information

GIGABYTE uses all registered or transferred personal information in accordance with its
Privacy Policy
. GIGABYTE shall not disclose any names, addresses, email addresses and/or other protected personal information to another party or the public without each respective user’s valid consent unless one of the following situations happens, or the respective terms of use or privacy policy provides exceptions.

(1) As necessary to provide a service/fulfill a contract with you
(2)As required by law.
(3) As required by any judicial or government authorities for the purpose of law enforcement.
(4) In order for the protection of rights and property belonging to GIGABYTE.
(5) In order for the protection of the safety of other users, registrars, and/or third parties.
(6) GIGABYTE will not sell or supply any personal information provided by Website users or registrars to any third parties (individuals, companies or other).

Accounts, Passwords and Security

To access certain services of this Website, you may be required to set up a user name and password. You will be responsible for the confidentiality of your password and user name of your account.
If GIGABYTE finds that the account or password of GIGABYTE Account has been misappropriated, GIGABYTE may immediately suspend or terminate the account's password, account or its use of this Website, or remove related Information related to such account.

User Provided Content

You hereby grant GIGABYTE, its affiliates, a worldwide, non-exclusive, non-revocable, royalty-free, transferable, and sub-licensable right to promote and distribute part or all of the Information in any form in any media format, including without limitation to modify, reproduce, publicly broadcast, publicly transmit, adapt, distribute, publish, publicly release, or otherwise use the Information uploaded, transmitted, input or provided to this Website by you.
You need to ensure that you have the right to upload, transmit, input or provide Information to this Website and the right to grant GIGABYTE the above mentioned rights.
If the information uploaded, transmitted, input or provided to this website by you is found to be an infringement of any third party IPR, GIGABYTE reserves the right to remove it or terminate your access to the Website. If you believe that such content or services are not infringing, you may notify GIGABYTE and provide supporting evidence for GIGABYTE’s evaluation.

Updates

GIGABYTE reserves the right to amend at any time any content in these Terms of Use and each such modification shall be effective upon posting on the Website. These Terms of Use may reference other guidelines, notices, agreements or other terms and conditions of Website event provided by GIGABYTE or any information contained in the Website, and such reference shall constitute an integral part of these Terms of Use.

Links to Other Sites

Some content in the Website may be provided by third parties, and this Website may also enable you to access to third parties’ services or websites. If you decide to utilize services or websites provided by a third party, you shall be subject to the conditions and terms between you and such third parties. GIGABYTE will be responsible for neither the agreement between you and such third parties nor any service provided by such third parties.

Disclaimers

Although GIGABYTE has conducted a reasonable verification for material it publishes on the Websites, all information provided on the Website is intended to be "as it is" conditions, and GIGABYTE does not guarantee the effectiveness, suitability, accountability and/or non-potential infringement of right(s) or otherwise of the contents on the Website. Furthermore, GIGABYTE disclaims liability for any direct, indirect, incidental, consequential or special losses or damages due to the following circumstances:
(1) Utilization of any information and services provided by GIGABYTE Website;
(2) Interruption or unavailability of any GIGABYTE Website information or service;
(3) Due to the error or inaccurate information or any technical error resulting from any equipment or program utilized by you or this Website;
(4) Unauthorized revision of this Website by a third party.
Additionally, in no event shall GIGABYTE assume any responsibility for any loss or damages due to missing or inaccurate web content, spelling errors, miscalculations or delays or deferrals in updating information or the like.

GIGABYTE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will GIGABYTE be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if GIGABYTE has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, GIGABYTE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, GIGABYTE’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Website paid in the six months prior to the date of the initial claim made against GIGABYTE (but not including the purchase price for any GIGABYTE hardware or software products or any aftersales/warranty support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold GIGABYTE, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against GIGABYTE by any third party due to or arising out of or in connection with your use of the Website.

Governing Law: Dispute Resolution

Any conflict or disputes arising from the use of any GIGABYTE Website are governed by the laws of Republic of China. In the event where the dispute cannot be initially resolved through alternative dispute resolution procedures, the Taipei District Court (Republic of China) will be the court of initial hearing.